KULDIP SINGH Vs. STATE OF PUNJAB & ANOTHER

JUDGEMENT

(1.) The petitioner has sought a writ of certiorari seeking quashing of orders dated 27.09.1993 (Annexure P-10); 24.11.1995 (Annexure P-11) & 19.08.1997 (Annexure P-15) and also claimed a writ of mandamus directing the respondents to allot a plot measuring 400 square yards.

(2.) The petitioner participated in a public auction held on 25.04.1967. He was the highest bidder of plot No.55 measuring 400 square yards at Mahendra Housing Scheme Area Amritsar at the rate of Rs.20.65 per square yard. On 16.05.1967, the petitioner deposited a sum of Rs.787.50 being the first installment i.e. 1/7th of the total amount. It was on 05.06.1967, allotment letter was issued to the petitioner and an agreement dated 19.06.1967 was executed. However, the petitioner asserts that the possession of the plot was not handed over for unavoidable difficulties. It was represented that the possession will be given as and when difficulty stood removed. It was on 10.06.1971, the petitioner submitted a resentment letter. In pursuance of such letter, the petitioner was informed on 21.06.1971 that the possession of the plot in question cannot be given, as the same is occupied by the office of the Central Intelligence Bureau.

(3.) Thereafter, the request of the petitioner for allotment of an alternative plot was accepted by the Improvement Trust in its meeting dated 02.08.1973; reiterated in its subsequent meeting dated 07.12.1973 and later on in its meeting dated 12.07.1974. However, vide communication dated 27.09.1993 (Annexure P-10), the petitioner was informed that the State Government has rejected his prayer for allotment of any other plot on 10.09.1993. The communication dated 27.09.1993 reads as under: <JUDIMG>791474-2</JUDIMG>